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Real Estate and Land Use - November 2014

Change of Heart – Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission - Why it matters: The court in Bowman originally held that a permit condition could not be modified or deleted by a second permit that…more

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA’s seaman…more

Manatt on Health Reform: Weekly Highlights: November 2014 #2

With the conclusion of the midterm elections last week and open enrollment just around the corner, this week’s news highlights both renewed pledges from the opposition and a flurry of implementation activity in the states…more

Restyled Texas Rules of Evidence

On November 19, the Texas Supreme Court issued an advisory, to inform the Bar, the judiciary, and the public of an order approving the restyled Texas Rules of Evidence. The Court's advisory is reproduced at the bottom of this post…more

Federal Court Finds Potential Risks to Human Health and the Environment from Pesticide Use on Genetically Modified Organisms Inadmissible to Establish Nuisance Claim

In Jim Aana, et al. v. Pioneer Hi-Bred International, Inc., et al. (August 26, 2014) (2014 WL 4241221), a consolidated class-action lawsuit filed by the residents of Waimea, Kauai, the United States District Court for the District of…more

Business Round Up: The News and the Views

Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) Two particular points for brand owners to take away from the decision: 1. If faced with an invalidity challenge on the grounds of s3(1)(b) or (c) of the…more

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following the…more

Beleaguered D.C. Taxpayers Achieve Another Success in Ongoing Challenges to the Methodology Used in the District’s Transfer Pricing Audit Program

On Friday, November 14, 2014, an administrative law judge (ALJ) issued three identical orders granting the taxpayer’s motion for summary judgment in Hess v. OTR, Shell v. OTR and ExxonMobil v. OTR. In these orders, the ALJ determined…more

What is all the Frap About?

Even in a small town in Germany or Mumbai, India, you will find a Starbucks Coffee Company (“Starbucks”) on the corner. Starbucks sells a billion dollars of my favorite Frappuccino drink a year throughout the world. To protect…more

Insurance Recovery Law -- November 2014 #2

South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations - Why it matters: A federal court in South Carolina ruled that absent a showing by an insurer of…more

FOFA reforms rejected by the Senate

The Abbott Government’s Future of Financial Advice policy has been rejected by the Senate after support for the reforms were withdrawn by Senators Jacqui Lambie and Rick Muir…more

Impact of New Immigration Initiatives

On November 20, 2014, President Obama announced a series of executive immigration initiatives that will impact millions of individuals already in the United States and their current or future employers. Although the specific details of…more

Reporters on Deadline
Contributor Spotlight

You are no doubt asking yourself (and rightly so) what a private surgeon general class action is. We’ve all heard about surgeon general warnings on tobacco and alcohol products. But now…

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